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LIBRARY OF CONGRESS 



014 499 634 3 



F 314 
.U56 
Copy 1 



[Copy.] 

\j.. Department of State, 
" Washington, August 23, 1878. 
To THE President : 

I have had the honor to receive, under date of 13th of 
February last, a memorial of Charles E. Sherman, Esq., of 
this city, in relation to certain pending claims of Spanish 
subjects against this government, arising under the stipu- 
lations of the last clause of the IXth Article of the Treaty 
of 1819, between the United States and Spain, and com- 
monly known as the East Florida Claims, addressed to you 
by that gentleman, and by your direction referred to this 
Department. 

The questions involved in the memorial of Mr. Sher- 
man, in regard to the payment and non-payment of these 
claims, have lieen the subject of consideration for more 
than twenty years, resulting in opinions and reports from 
various ofhcers of the Executive branch of the govern- 
ment ; have also, on more than one occasion, been .made 
the subject of judicial decision, and at one time and an- 
other during the long-pending controversy have elicited 
the opinions of some eminent lawyers, amongst whom I 
may mention Daniel Webster and Thomas Ewing. 

Upon the receipt of the memoi'ial and accompanying 
documents, I referred the* matter to the law officer of this 
Department for examination, who, in view of the many 
reports and legal opinions which had already been submit- 
ted in regard to the subject, deemed an extended examina- 
tion of the question at the present time superfluous, and 
accordingly made a brief report, a copy of which I inclose 
herewith. 

Some years ago (1870) I was consulted, professionally, 
in behalf of the same interests now represented by the 
memorialist, Mr. Sherman, and, upon a statement of facts 
then laid before me, furnished the parties thus consulting 



.a^ij, 



me with an opinion, wliicli, in common with the opinions 
of other gentlemen ol)tiiined at various times in the same 
interest, is now adduced by the memoriaUst in support of 
his own views and in behalf of his clients.* 

While it is true that my connection with the case as a 
lawyer — that being the only relation I have at any time 
borne to it — ^terminated with the giving of the opinion 
referred to, on the 3d of June, 1870, or soon after, I never- 
theless, in view of that relation once sustained, deem it 
improper that I should now, as an officer of the govern- 
ment, and especially as a member of your Cabinet, under- 
take to examine the subject, pronounce an opinion on its 
merits, or take any part in the determination of the ques- 
tion as to the liability, or otherwise, of the government to 
the claimants. 

Entertaining this view of my own duty in relation to the 
matter, no other course remains for me than to respectfully 
return the papers to the Executive office for such further 
direction as the President may deem proper in regard to 
the claim. 

I have, therefore, the honor to transmit herewith the 
memorial of Mr. Sherman, together with the documents 
accompanying it, and a copy of the report of the law officer 
of this Department. 

(Signed) Wm. M. Evarts. 

[*The following is the opinion refen'ed to. — C. E. S. : 

Xew Yokk, June 3, 1870. 

I have read Mr. Carlisle's statement of his examination of the 
"Florida Claims," and of iiis opinion of tlieir validity and justice, 
and of the obligation of tiie government promptly to meet them. 

I have given to tliese " Floiida Claims " a thorough examination, 
and am satisfied that their payment is imperatively demanded by 
justice and good faitli, according to the treaty obligations for their 
payment, which is unquestioned, and the judicial ascertainment of 
the amount of the claims, which, in my judgment, precludes any 
uncertainty in tliat regard. 

I certainly anticipate favorable action upon tlieni by tlie Executive 
Departments, with wliich the duty rests of discliarging th(ise obliga. 
tions of the government. Wm. M. Evarts.] 






[Copy.] 

Law Bureau, Mtrcli 8, 1878. 

Subject: — Memorial of Cliarles E. Sherman, Esquire, in behalf of 
claimants under tiie ninth article of the treaty between the. Unit, 
ed States and Spain, known as the "East Florida Claims," ad- 
dressed to the President 28th of January, 1878. 

This memorial, with the accompanying documents, was, 
by direction of the President, referred to this Department 
on the loth of February ultimo. 

The accompanying documents comprise ten printed 
pamphlets, and it is the evident intention of the memorial- 
ist to bring to the attention of the government all the facts 
and law relative to these particular claims. 

Mr. Sherman in this purpose has, I think, been entirely 
successful. The claims in question have been the subject 
of examination, report, and opinion by various Executive 
and law officers of the government, superior and subordi- 
nate, for more than twenty years. 

An elaborate and able report on the subject, from this 
bureau, was made in 1868 b}^ Mr. Peschine Smith. I have 
once since reported on it more briefly. 

In the documents now before me, I find the opinions of 
two Solicitors of the Treasury — Solicitor Clark, very full, 
and in favor of the payment of the claims ; Mr. Talbott, 
still more recently, but equally decisive — in favor of their 
payment; Attorney -General Crittenden, three Secretaries 
of the Treasury, and every judge and court before whom 
the question has come, so far as I am able to find ; and, in 
addition, opinions on the question from Daniel Webster, 
Thomas Ewing, WiUiam M. Evarts, and James M. Car- 
lisle, all to the same effect — in favor of the claim ; and I 
might enumerate many others. 

The material facts will be found tersely, and with sub- 
stantial correctness, stated in the small printed pamphlet 
which I append to this still more brief report. Any at- 
tempt of mine to restate the facts so often set forth is, as 



LIBRRRY OF CONGRESS 



it appears to me, not only unnecessaiy, but might be cal- 
»nlated to confuse ; and I respectfully submit, that no sug- 
gestion of mine could have the effect of adding to or de- 
tracting from the force of the opinions already given in 
favor of the payment of the claims; and it is therefore not 
with any such mind that I add, that, after more than one 
examination and a pretty thorough acquaintance with the 
subject, I am of the opinion that the claims in question 
constitute a just, legal liability against the Government of 
the United States, under Article IX of the Treaty of 1819 
betW'Cen this country and Spain. 

The claims being on their face demands of citizens of a 
foreign government against that of the United States, the 
Department of State is necessarily the only proper me- 
dium of their presentation; but beyond this formality, it 
does not seem to me that this Department is properly 
chargeable with their examination, adjustment, or payment. 

The act of Congress of the 3d of March, 1823, (3 Statutes 
at Large,) and that of June 26, 1834, provide, that when 
claims are judicially ascertained, &c., they shall be returned 
to the Secretary for adjustment. Congress, when appealed 
to on the subject, has said that the matter was one solely 
for the Executive branch of the government, and that no 
additional legislation on the sul)ject was deemed necessary. 

In view of these considerations, it appears to me that the 
further examination of the question on its merits, and the 
determination as to the payment of the claims, or other- 
wise, belong, properly, under the direction of the Presi- 
dent, to the Secretary of the Treasury ; and that further 
legal advice or opinion on the subject, if desired, should 
be sought directly from the President's legal adviser, the 
Attorney-General. 

Respectfully submitted. 

(Signed) Henry O'Connor. 



LIBRARY OF CONGRESS 



014 499 634 3 



LIBRftRY OF CONGRESS 



014 499 634 3 I 

4 

it appears to me, not only unnecessary, but might be cal- 
onlated to confuse ; and I respectfully submit, that no sug- 
gestion of mine could have the effect of adding to or de- 
tracting from the force of the opinions already given in 
favor of the payment of the claims; and it is therefore not 
with any such mind that I add, that, after more than one 
examination and a pretty thorough acquaintance with the 
subject, I am of the opinion tliat the claims in question 
constitute a just, legal liability against the G(n^ernment of 
the United States, under Article IX of the Treaty of 1819 
between this country and Spain. 

The claims being on their face demands of citizens of a 
foreign government against that of the United States, the 
Department of State is necessarily the only proper me- 
dium of their presentation ; but beyond this formality, it 
does not seem to me that this Department is properly 
chargeal)le with their examination, adjustment, or payment. 

The act of Congress of the 3d of March, 1823, (3 Statutes 
at Large,) and that of June 26, 1834, provide, that when 
claims are judicially ascertained, &c., they shall be returned 
to the Secretary for adjustment. Congress, when appealed 
to on the subject, has said that the matter was one solely 
for the Executive branch of the government, and that no 
additional legislation on the subject was deemed necessary. 

In view of these considerations, it appears to me that the 
further examination of the question on its merits, and the 
determination as to the payment of the claims, or other- 
wise, belong, properly, under the direction of the Presi- 
dent, to the Secretary of the Treasury; and that further 
legal advice or opinion on the subject, if desired, should 
be sought directly from the President's legal adviser, the 
Attorney-General. 

Respectfully submitted. 

(Signed) Henry O'Connor. 



